Scary! I very nealy used my Colt on someone tonight! - Page 3
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Old 12-28-2010, 03:18 AM   #21
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New Mexico

Section 30-2-7A NMSA 1978 provides that a homicide is justifiable when committed in the necessary defense of property. Although this statute has been a part of New Mexico law since 1907, the New Mexico appellate courts have never given the statute a broad interpretation. The New Mexico courts have consistently held, not always referring to the statute, that one cannot defend his property, other than his habitation, from a mere trespass to the extent of killing the aggressor. State v. McCracken, 22 N.M. 588, 166 P. 1174 (1917); State v. Martinez, 34 N.M. 112, 278 P. 210 (1929); State v. Couch, 52 N.M. 127, 193 P.2d 405 (1946).

so basically only if they are in your house/apartment....and this has been confirmed by several police officers I know, even going as far as some of them don't even ask questions about what happened(unless they find 15 holes in the attacker).........a friend of a family member I know faced no charges and she shot someone through the door(granted she had two kids and no way in hell I would have gotten away with it.......nor would I even think about blasting someone through the door)
I do stand by the fact though, that if he didn't appear armed, and wasn't making any funny movements, I would have definitely asked him what the hell he was doing before shooting him!

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Old 12-28-2010, 04:56 AM   #22
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This is a good situation to learn from.

You armed yourself, assumed a defensive position and, I guess waited for him to realize he had the wrong complex.

Guess there is no right or wrong until the trigger is pulled, but could this have played out better or did it play perfectly?

I would have armed myself as well. I would not have had the safety off, that's me. I would have yelled through the door that the guy had the wrong apartment, and I would have had a phone ready. Taking a defensive position was a good move especially if adequate cover wasn't available which provided you clear line of sight of the front door.

Not saying I'm right, just that that is how I would respond.

Again, glad it ended as it did!

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Old 12-28-2010, 09:14 AM   #23
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Default Sometimes someone can surprize you!

I felt like a dork when I answered a knock to my door with a handgun con-
cealed behind my back when a new neighbor down my road/easment came
calling with a plate of very delicious xmas cookies! It was a very
welcome change to "being a victim of cat hoarders that vowed to kill me", to
welcoming new people to the area!!! "Sometimes, things go right"!!!
This neighbourhood has improved much since the "fluke" of cat hoarders left
my neighbourhood! (The cat hoarders were the reason I obtained a concealed
carry permit)!

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Old 12-28-2010, 10:10 PM   #24
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Originally Posted by dunerunner View Post
This is a good situation to learn from.

You armed yourself, assumed a defensive position and, I guess waited for him to realize he had the wrong complex.

Guess there is no right or wrong until the trigger is pulled, but could this have played out better or did it play perfectly?

I would have armed myself as well. I would not have had the safety off, that's me. I would have yelled through the door that the guy had the wrong apartment, and I would have had a phone ready. Taking a defensive position was a good move especially if adequate cover wasn't available which provided you clear line of sight of the front door.

Not saying I'm right, just that that is how I would respond.



Again, glad it ended as it did!
So, do you think warning the person is the right thing to do though? What if he had planned on killing me and came in shooting? Having the phone ready, would have been a good idea though I agree.
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Old 12-28-2010, 10:55 PM   #25
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Nothing is fool proof and there is no way to foresee the off the wall stuff. I would not have warned him, but a voice from inside sometimes has a sobering effect.

I've been there with a drunk from the next block banging at my door; all the houses look alike. The conversation at the door went like this:

Me: "Who are you and what do you want?"
Drunk: "Let me in you SOB and what are you doing in my house?"
Me: "This is my house, you've got the wrong door....Ca-Clack, Ca-Clack!"
Me: "Recognize that sound?"
Drunk: "Aha, Yea....... Sorry!"

They can't be scripted, what-iffed or anything else; they just happen. Thankfully no one got killed, injured or arrested in either situation.

I doubt the guy would have wanted to kill you and then announce his presence at your door the way he did.

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Old 12-28-2010, 10:58 PM   #26
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Quote:
So, do you think warning the person is the right thing to do though? What if he had planned on killing me and came in shooting? Having the phone ready, would have been a good idea though I agree.
I doubt anyone set on killing you would be knocking on the door or "rattleing" the doorknob
I agree a simple "WHO IS IT?" in a very UNTIMID voice would have brought the situation to a quick & simple end--
Glad nobody got shot
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Old 12-29-2010, 12:06 AM   #27
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personally I think what you did was the right thing to do, It's very hard to say what one will or will not do in an adrenaline rush situation without having been there.
Unfortunately my instincts aren't as honed. About a year ago me and my girlfriend came home from a party on a saturday night at about two in the morning, neither of us had been drinking, came home and went to bed. My roomate however, came home about an hour after us and had been drinking heavily and went to bed. My girlfriend awoke me about four thirty am and said she heard noises. i assumed it was my roomate and opened my door to see some random girl in my apartment. she was very intoxicated and wandered into the wrong apartment and thought I was in her apartment and screamed at me. My roomate came out and at 6 '4 265 lbs he is very scary looking in the dark. She then ran out of my place and left her backpack and purse. she came back for them the next day and apologized. Not a huge deal ( other than my roomate leaving the door open), but had she been an armed thief I would have been in big trouble and felt stupid for not grabbing the mossberg 590 I keep loaded and at arms length from my bed.

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Old 12-29-2010, 12:30 AM   #28
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Quote:
Originally Posted by HOSSFLY View Post
I doubt anyone set on killing you would be knocking on the door or "rattleing" the doorknob
I agree a simple "WHO IS IT?" in a very UNTIMID voice would have brought the situation to a quick & simple end--
Glad nobody got shot
not neccessarily. a home invasion usually starts with a knock at the door a ring of the bell or an attempt to open a locked door. goblins are lazy. if they can get you to open the door for em they will.

if a stranger is at my door i got a 1911 at hand out of sight safety off.

last time that happened it was a pair of jehovh witness who turned white after i tucked it in my pocket after determining it wasnt a threat. they havent been back and i dont give two shts if i offend or scare someone knocking at my door uninvited.
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Old 12-29-2010, 12:37 AM   #29
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Man, 92, chews through tape after Wash. robbery - FoxNews.com

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Man, 92, chews through tape after Wash. robbery
Published December 28, 2010
Associated Press


SHORELINE, Wash. – Sheriff's deputies in Washington state say a 92-year-old man chewed through masking tape for two hours to free himself after two men bound him to a chair and robbed his house.

King County sheriff's Sgt. John Urquhart says two men knocked on the victim's door in Shoreline on Monday and asked to use his phone, claiming their car broken down. But once they entered, the men grabbed the victim's arms and taped him to a chair.

Urquhart says the men spent more than an hour in the home looking for valuables, eventually darting off with more than $400 in cash and the victim's 2000 Ford pickup truck.

It took the man two hours to chew through his restraints, but other than bruises, he was not injured.

The robbers are still at large.
substitute an unarmed woman and that story would liekly read a LOT different.
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Old 12-29-2010, 01:05 AM   #30
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Quote:
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not neccessarily. a home invasion usually starts with a knock at the door a ring of the bell or an attempt to open a locked door. goblins are lazy. if they can get you to open the door for em they will.

if a stranger is at my door i got a 1911 at hand out of sight safety off.

last time that happened it was a pair of jehovh witness who turned white after i tucked it in my pocket after determining it wasnt a threat. they havent been back and i dont give two shts if i offend or scare someone knocking at my door uninvited.
Well, jehovh witness's are a whole new ballgame
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